Rylands v Fletcher (tort law) Flashcards
what is the main purpose of Ryland’s v fletcher
it imposes liability for an escape of something from your land that causes damage
What is the quote for Rylands v Fletcher
it is “ a person who brings on his land and collects and keeps there anything likely to do mischief if it escapes, is liable. for all the damage which is the natural consequence of its escape”
what are the 6 elements that need to be proven
- if they have control 2. Accumulation 3.mischief/damage 4. escape 5.non natural use 6. Damage
What does the element of control mean
Must have an interest in the land meaning they must own or rent it.
what is the case of smith v Scott for control
Where the local authorities let a house to a homeless family under conditions that they would cause no damage. but they caused it anyway, the neighbour tired to sue but failed as control was within the tenents
what is the case of Weller & co v foot and mouth disease research institute in control
a virus escaped and cattle farms were put on lockdown to avoid spread and cattle auctioneer tried to sue for loss of income due to no sales. R V F failed as they had no interest in the land where the virus spread too
What is the case of Rigby v Chief Constable of Northampton in control
police attempted to catch a psychopath and released CS gas into a shop from there van. The shop was set on fire and R V F applied because it was one property on top of another
what does it mean that it has to be an accumulation
something simply has to be stored
what is the case of Mason v Levy Auto parts for accumulation
Large quantities of paints and petrol stored and created a large fire, they were held liable as it was an accumulation
what does it mean for it to “ likely cause mischief / danger”
it can cause danger or is dangerous and cause mischief
what is the case for Hillier v Air ministry for mischief
Where electricity escaped from high voltage cables liad under the claimants land and electrocuted his cows
what is the case of Hale v Jenning bro for mischief
a chair-o-plane in a fairground flew off and damaged adjoining land
what does it mean for there to be an escape
the thing that the owner has brought on the land has escaped into another property
what is the case of Stanard v gore for escape
defendant had a stack of tyres , they caught on fire and got damaged , as it was only the fire that escaped not the property they were not liable
what does it mean by non natural use
The amount of something can be considered un natural use
What is the case of Cambridge Water v Eastern Counties
A leather factory had chemicals leaking through the floor causing pollution for a water company. Storage of chemicals on site was “ a classic case of non natural use”
What is the case of transco v Stockpot for non natural use
stated that the ‘ ordinary user test’ is a preferable test to a natural user
what is the case of Richards v Lothian
taps turned on and plug holes blocked by an unknown person and damaged flats below - defendant not liable as water in domestic pipes was a natural use
what is public benefit
it can be considered in non natural use as the place or land may be used for the benefit of the public such as a recycling plant. British celeanse v hunt
Another famous case for non natural use is Giles v walker what is it
D ploughed up land and allowed thistles to grow , seeds blew into neighbours land causing problems, thistles had grown naturally so not liable
What is damage
Transco confirmed that R V F will not include personal injury
Cambridge waters v eastern counties leather ( damage)
Defendant must have known or ought to have reasonably foreseen that damage of the relevant type
what is act of god as a defence
act of god is an extreme weather event
case of Nichols v marshland
severe weather storm in history, brome artifical rivers and lakes and broke four of the claimants bridges , not liable as had no control over it
act of stranger
person that the defendant has no control over and has caused the escape
perry v kendricks transport
stranger removed fuel cap of defendants bus and child thre a flame into it , no liability as it was a stranger.
